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(A) General. Except for projects exempted under § 155.328.020(B) (Exemptions), the requirements in this section apply to projects that:
(1) Construct a new building of 500 square feet or more;
(2) Add 1,000 square feet or more to an existing building; or
(3) Add a multi-family dwelling unit to the site.
(B) Exemptions. This section does not apply to single-family homes in any zoning district.
(C) Non-conformities. Properties non-conforming to the standards in § 155.328.040 (Required Landscape Areas) and § 155.328.050 (General Landscape Requirements) must be brought into conformance when required by § 155.424.030 (Non-conforming Site Features).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)
(A) Landscape plan required.
(1) An applicant must submit a landscape plan if the proposed project is:
(b) Involves new landscaping or the modification or removal of existing landscaping.
(2) Required landscape plans must be submitted as part of the permit application, if any, and subsequent building permit applications.
(B) Required contents. Landscape plans must include the following features and information:
(1) Site boundaries;
(2) Existing conditions on the property, including contours and existing structures;
(3) New structures and expansions proposed as part of the project;
(4) Existing landscaping, trees and vegetation to be retained, specifying plant location, species and size. Details of existing trees must also include approximate tree diameter measured 48 inches above existing grade and approximate outer limit of tree canopy;
(5) New landscaping proposed as part of the development project, specifying plant location, species, number and size;
(6) Irrigation plan specifying the location, type and size of all components of the irrigation system (if proposed);
(7) Proposed grading if any;
(8) A landscape maintenance plan describing how the landscaping will be maintained in a healthy and thriving condition, including provisions to replace plant material as needed to maintain compliance with the approved landscape plan; and
(9) Additional information as determined by the Department to demonstrate compliance with the requirements of this section.
(C) Review and approval.
(1) For projects that do not require design review, the Department will review all landscape plans to verify compliance with this section as part of the zoning clearance approval.
(2) For projects that require design review, the review authority responsible for approving design review must also approve the landscape plan.
(D) Changes to approved landscape plans.
(1) Only the review authority that approved the landscape plan may allow substantial modifications to an approved landscape plan.
(2) The Director may approve minor changes to a landscape plan previously approved by the City Council, Planning Commission or Design Review Committee. Minor changes are defined as modifications to a landscape plan that do not alter the general design character of the landscaped area or alter a feature of the landscaped area specifically required by the review authority. The Director may also approve changes to a landscape plan required to comply with Building Code or Fire Code requirements.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 951-C.S., passed 10-17-23)
(A) Parking lots. See § 155.324.080 (Parking Lot Landscaping) for required landscaping in parking lots.
(B) Residential zoning districts.
(1) The following areas, excluding areas required for access to the property, must be landscaped and maintained:
(a) All required front and street side setback areas;
(b) All areas between a building and a front or exterior side lot line; and
(c) Any area between the front or exterior side lot lines and the sidewalk or edge of street curb. See Figure 328-1.
(2) Landscaping is not required in setback or yard areas located behind a four-foot or higher solid fence or wall or in areas not visible from the sidewalk or street.
(3) Landscaping may consist of any combination of living plants, such as trees, shrubs and grass or related natural features, such as rock, stone or mulch. Decorative hardscape featuring pervious materials, such as pervious paver stones, gravel and decomposed granite, is permitted within required landscaping areas.
(C) Mixed-use zoning districts. In mixed-use zoning districts, all areas between a building and a front or exterior side lot line and all areas between the front or exterior side lot lines and the sidewalk or edge of street curb must be landscaped, excluding areas required for access to the property. See Figure 328-2.
(D) Industrial zoning districts. Parking lots in industrial zoning districts must comply with the landscaping requirements in § 155.324.080 (Parking Lot Landscaping). No additional landscaping is required.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 951-C.S., passed 10-17-23)
(A) Parking lots. See § 155.324.080 (Parking Lot Landscaping) for landscaping requirements that apply to new parking lots with four or more spaces.
(B) Vision clearance area. Landscaping must comply with the vision clearance area requirements in § 155.308.040 (Vision Clearance Area).
(C) Public safety. Plant species must be selected and located so that at maturity they do not interfere with pedestrian, bicycle or vehicular circulation and do not conflict with utilities and overhead lights.
(D) Native plants. At least 75%, by count, of all new in-ground shrubs, groundcover, and trees will involve only the use of species native to Eureka as listed by the California Native Plant Society, with the remainder being noncompeting exotic species.
(E) Invasive plants. Planting species with a "High" rating in the California Invasive Plant Council's Cal-IPC inventory of invasive plants are prohibited.
(F) Trees.
(1) Trees must be a minimum 15-gallon size unless the reviewing authority determines that a smaller size is sufficient for the site.
(2) Trees in landscape planters less than ten feet in width or located closer than five feet from a public sidewalk, street or permanent structure on an adjacent property must be planted with root barriers or root barrier panels to prevent damage to adjacent structures or pavement.
(G) Groundcover and shrubs.
(1) A minimum of 50% of required landscape area must be covered with groundcover, shrubs, turf or other types of plants at maturity.
(2) Groundcover must be provided throughout the landscaped area and must be spaced to achieve full coverage of the groundcover area within one year.
(3) A maximum of 50% of the required landscape area may consist of mulch, bark chip, crushed rock, pebbles, stone or similar non-plant materials.
(4) Landscaped areas must be top dressed with bark, chip, mulch or other similar mat ial to cover exposed bare soil.
(H) Timing of installation.
(1) Landscaping must be installed prior to receiving a temporary or final certificate of occupancy.
(2) The Director may defer the installation of landscaping for a maximum of 180 days after project occupancy/completion in cases of delays caused by inclement weather, unavailability of plant materials, construction scheduling or other similar issues. The Director may require the applicant to provide adequate security to guarantee the landscaping installation in accordance with § 155.420.070 (Performance Guarantees).
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902 C.-S., passed 8-18-20; Am. Ord. 916-C.S., passed 7-6-21; Am. Ord. 951-C.S., passed 10-17-23)
(A) General. In addition to the requirements of this section, all applicable development in Eureka must also comply with the California Model Water Efficient Landscape Ordinance (WELO) as required by California Water Conservation in Landscaping Act (Cal. Gov’t Code §§ 65591 et seq.).
(B) When required. The following landscape projects must comply with the WELO requirements:
(1) Total combined landscaped area of 2,500 square feet or more installed by a public agency or commercial developer; and
(2) Total combined landscaped area of 5,000 square feet or more in a single-family or multi-family residential project installed under the direction of the homeowner(s).
(C) Conflicts. If conflicts occur between the Government Code or WELO and this section, the more restrictive will control.
(Ord. 885-C.S., passed 5-21-19)
The following maintenance requirements and enforcement procedures apply to landscaping installed as part of a city-approved landscaping plan.
(A) Maintenance required.
(1) Dead and dying plants. All landscaping must be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical, blight or disease. Dead or dying plants must be removed and replaced with landscaping of similar size and maturity.
(2) Weed removal. Landscaping must be kept free from weeds.
(B) Irrigation systems. Irrigation systems must be maintained in a fully functional manner as approved by the city and required by this section. Watering schedules should be adjusted periodically to reflect seasonal variations.
(C) Violations. Failure to maintain landscape areas in compliance with this section will be deemed a nuisance subject to the enforcement procedures in § 155.428 (Enforcement and Penalties).
(Ord. 885-C.S., passed 5-21-19)
This § 155.332 establishes requirements for residential small lot, conservation, and urban lot split subdivisions to accommodate a diversity of infill housing types, allow for development on constrained lots and preserve open space and other natural resources.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22)
(A) Purpose. This section establishes standards for small lot subdivisions in the multi-family zoning districts. The intent of these standards is to:
(1) Facilitate the development of infill housing on vacant and underutilized properties;
(2) Increase opportunities for fee-simple home ownership in higher density areas of Eureka;
(3) Expand the types of housing available for purchase in Eureka, including lower-cost housing for first-time homebuyers and seniors looking to downsize; and
(4) Ensure that development on small lot subdivisions is well designed and minimizes impacts on neighboring properties.
(B) Where allowed. Small lot subdivisions are allowed only in the R2 and R3 Zoning Districts.
(C) Optional/not mandatory. Small lot subdivisions are an available option, not a mandatory requirement. Lots in the R2 and R3 Zoning Districts may also be subdivided using generally applicable subdivision requirements. Conventional subdivisions, however, are not eligible for relaxed development standards in § 155.332.020(E) (Development Standards).
(D) Approvals required. Small lot subdivisions require city approval of a tentative and final or parcel map as required by the California Subdivision Map Act and Municipal Code Ch. 154 (Subdivision Regulations). Proposed small lot subdivisions shall be clearly identified as such on the tentative map.
(E) Development standards.
(1) Lot area.
(a) The minimum lot area in a small lot subdivision is 2,000 square feet.
(b) The maximum lot area in a small lot subdivision is 4,999 square feet except an existing primary residence, including accessory structures located on the same resultant lot as the primary residence, is not limited to the 4,999 square foot maximum.
(2) Minimum setbacks.
(a) There are no minimum setbacks from lot lines within a small lot subdivision that do not abut a lot outside of the small lot subdivision. See Figure 332-1.
(b) Setbacks from lot lines that abut a property outside of the small lot subdivision are as required by the applicable zoning district.
Figure 332-1: Small Lot Subdivision Setbacks
(3) Lot access. Newly created lots must comply with street frontage and access standards in § 155.308.010(C) (Street Frontage and Access). For lots without direct vehicle access from a street or alley, utility access easements must be granted to the city. See Figure 332-2.
(4) Parking.
(a) On-site parking is required consistent with § 155.324 (Parking); except that, the Director may waive the on-site parking requirement with an Administrative Adjustment for lots without street or alley frontage where it is physically impossible for a vehicle to access a lot.
(b) To approve the administrative adjustment, the Director must make the findings in § 155.412.030(F) (Findings for Approval) and the following additional findings:
1. It is physically impossible to provide vehicular access to the lot due to the location of existing structures; or
2. Proposed development on the lot cannot be reasonably reconfigured in any way that would allow for vehicular access to the lot.
Figure 332-2: Lot Access
(5) Other standards. Except for minimum setbacks, small lot subdivisions are subject to all development standards (e.g., height, FAR, site coverage) in the applicable zoning district.
(F) Subdivision configurations.
(2) Example configurations. Figures 332-3 and 332-4 illustrate example lot configuration and building placement permitted in small lot subdivisions. Other configurations are permitted, provided they comply with the requirements of this section.
Figure 332-3: Small Lot Subdivision Example Configurations - Interior Lots
Figure 332-4: Small Lot Subdivision Example Configurations - Corner Lots
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22)
(A) Purpose. This section allows for subdivision of RE and R1 zoned lots and development of housing pursuant to Cal. Government Code §§ 65852.21 and 66411.7.
(1) Where allowed. Urban lot split subdivisions are permitted on any parcel zoned RE (Residential Estate) or R1 (Residential Low) provided:
(a) The original lot area is at least 2,400 square feet;
(b) The lot is not listed on the State or Local Register of Historic Places or located within a designated historic district;
(c) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split subdivision as provided under Cal. Government Code § 66411.7;
(d) The parcel has not been established through a prior urban lot split subdivision; and
(e) A maximum of one single-family residence, one JADU and either one additional single-family residence or one ADU are allowed on a lot that is subdivided using the authority contained in Cal. Government Code § 66411.7. No other use types are allowed.
(2) Optional/not mandatory. Urban lot split subdivisions are an available option, not a mandatory requirement. Lots in the RE and R1 zoning districts may also be subdivided using generally applicable subdivision requirements. Conventional subdivisions, however, are not eligible for relaxed development standards in § 155.332.040.D (Development Standards).
(3) Approvals required. Urban lot split subdivisions require ministerial city approval of a parcel map as required by the California Subdivision Map Act and Municipal Code Chapter 154 (Subdivision Regulations). Proposed urban lot split subdivisions must be clearly identified as such on the parcel map.
(4) Development standards.
(a) Resulting minimum lot area.
1. The minimum lot area for a lot resulting from an urban lot split subdivision is 1,200 square feet; and
2. The resulting minimum lot area must be at least 40% of the original lot area. For example, if the original lot is 5,000 square feet, the smallest resulting lot must be at least 2,000 square feet, or 40% of the original lot area. If the original lot is 3,000 square feet, then the smallest resulting lot must be at least 1,200 square feet.
(b) Minimum setbacks and other standards. See Table 204-2.2 for minimum setback and other development standards for urban lot split subdivisions.
(c) Lot access. Newly created lots must comply with street frontage and access standards in § 155.308.010(C) (Street Frontage and Access). For lots without direct vehicle access from a street or alley, utility access easements must be granted to the city. See Figure 332-2.
(d) Parking. On-site parking is not required. If on-site parking is provided, the parking must be consistent with § 155.324 (Parking), and garages and carports must be setback as provided in Table 204-2.2.
(B) Other requirements.
(1) Short-term rental. Rental of any unit created pursuant to an urban lot split subdivision must be for a term longer than 30 days.
(2) Owner occupancy. An applicant for an urban lot split subdivision shall sign an affidavit stating the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split subdivision.
(Ord. 931-C.S., passed 2-15-22)
(A) Purpose. This section allows for residential conservation subdivisions to preserve open space and accommodate creative site plans on lots where development is constrained by gulches, trees, steep slopes and other physical features. See Figure 332-5 for an example conservation subdivision in the RE Zoning District.
(B) Eligibility. Conservation subdivisions are permitted in any residential zoning district on lots 10,000 square feet or more.
(C) Approvals required. Conservation subdivisions require city approval of a tentative and final or parcel map as required by the California Subdivision Map Act and Municipal Code Ch. 154 (Subdivision Regulations). Proposed conservation subdivisions must be clearly identified as such on the tentative map.
(D) Development standards.
(1) Lot size.
(a) There is no minimum lot size within a conservation subdivision, provided the overall density of the subdivision does not exceed the maximum density of the applicable zoning district.
(b) Project density is calculated using the number of homes, not the number of lots, and includes all open space areas. See Figure 332-5.
(2) Setbacks.
(a) There are no minimum setbacks from lot lines within a conservation subdivision that do not abut a property outside of the conservation subdivision. See Figure 332-5.
(b) The applicable zoning district will govern setbacks from lot lines that abut a property outside of the conservation subdivision.
(3) Height. Buildings within a conservation subdivision may not exceed a maximum height of 35 feet.
(4) Site coverage. There is no maximum site coverage for individual lots within a conservation subdivision.
(5) Floor area ratio. The maximum floor area ratio in a conservation subdivision is as required by Table 204-2 in § 155.204 (Residential Zoning Districts).
(E) Allowed land uses. The applicable zoning district will govern allowed land uses in a conservation subdivision.
(F) Conservation area. Dedicated conservation areas within a conservation subdivision must be separated from residential parcels and comply with the following standards:
(1) Open space minimums. A conservation subdivision project must designate a minimum of 50% of the total project site as permanent open space. See Figure 332-5
.
(2) Conservation easement required. Designated open space must be guaranteed in perpetuity using one or more of the following control mechanisms:
(a) Dedication of a conservation easement to a public agency or a public interest land trust;
(b) Dedication of land in fee-title to a public agency; or
(c) Deed restrictions recorded with the County Recorder.
(3) Use of conservation area. Conservation areas will remain as undeveloped open space in accordance with the following:
(a) Development is prohibited within a conservation area, except for development necessary for natural resource protection and restoration as determined by the Director;
(b) Animal grazing and crop production is allowed in a conservation area consistent with Municipal Code Ch. 91 (Animals). Accessory structures serving an agricultural use, such as pole barns, are allowed;
(c) Trees may not be removed within a conservation area, except as allowed by § 155.304.140 (Tree Removal); and
(d) A subdivider or property owner is not required to provide public access to a conservation area.
(4) Contiguity. Fragmentation of dedicated open space areas must be avoided. Dedicated open space areas must be consolidated or linked to facilitate wildlife movement, maintain functioning biological communities and accommodate agricultural activity where appropriate. Open space connections to adjoining land beyond the project site should be anticipated and identified where possible.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 931-C.S., passed 2-15-22; Am. Ord. 951-C.S., passed 10-17-23)
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